Appeals, where it is alleged there is an error in any order, requirement, decision or determination made by the City Engineer in the enforcement of this chapter, and applications for variances and exceptions to any of the provisions of this chapter, shall be taken to a special Board of Appeals appointed as provided in Section 1222-18. Such Board, when created, shall have authority to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the City Engineer in the enforcement of this chapter. Such Board shall also have authority to interpret this chapter and may, upon application and a showing of undue hardship, grant variances and exceptions to any of the provisions of this chapter, provided that such variances and exceptions are in harmony with the general purpose and intent of this chapter. Variances and exceptions granted shall apply only to applications decided by the Board of Appeals.
Any person claiming to be aggrieved by any order, requirement, decision or determination made by the City Engineer may file an appeal with the City Manager who shall create a Board of Appeals as provided in Section 1222.18. Such appeal shall be taken within twenty days of the date of the decision by filing with the City Manager a notice of appeal specifying the grounds thereof. The City Engineer shall transmit to the Board all of the papers constituting the record of the action upon which the appeal is taken. The Board's decision in such appeals shall be limited to alleged errors in the interpretation of this chapter.
Any permittee may file an application with the City Manager for the creation of an appeals board to consider variances and exceptions from this chapter, and the City Manager shall, in such cases, create a Board of Appeals as provided in Section 1222.18. Such application shall be made as soon as practical after the undue hardship from which relief is sought becomes apparent. Each application shall refer to the specific provisions of this chapter involved and set forth exactly a clear description of the land involved, the interpretation that is claimed, the details of the variance to be granted or the reasons justifying the exception.
Orders, requirements, decisions and determinations made by the City Engineer shall remain in effect until and unless reversed or modified by the Board of Appeals.
(Ord. 72-41. Passed 12-12-72.)